The judgment was sequel to non-compliance to the decision of the Police Service Commission (PSC) in letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 which directed IGP to reinstate the dismissed officer.
The National Industrial Court, Abuja Division, has ordered the Inspector-General of Police, Usman Baba, to reinstate one Osondu Christian, a Deputy Superintendent of Police, who was dismissed from the Nigeria Police Force to his rank and pay him all his entitlements with effect from March 2019.
A statement, Osondu's Counsel, Ojukwu Chikaosolu made available to SaharaReporters on Thursday, stated the judgment was sequel to non-compliance to the decision of the Police Service Commission (PSC) in letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 which directed IGP to reinstate the dismissed officer.
In the judgment delivered by Honourable Justice O. O Oyewumi in suit No: FHC/NICN/ABJ/153/2022; between Osondu Christian Vs The Inspector General of Police & 2 Ors, the court held that;
"That the decision of the Police Service Commission (PSC) as contained in its letter dated 22/07/2020 with Ref No.: PSC/1524/IV/5 reinstating the 1st respondent to his rank and entitlements in the Nigeria Police Force with effect from 26/03/2019 is valid, subsisting and binding on the Inspector General of Police.
"That the Court has the power to make an order mandating the President of the Federal Republic of Nigeria to direct the Inspector General of Police to comply with the decision of the PSC, pursuant to the provisions of Section 215(1)(a) of the 1999 Constitution (as amended).
"His Lordship thereafter directed the Inspector General of Police to reinstate the respondent forthwith and to pay damages in the sum of N 10,000,000.00 for his display of executive recklessness and wilful disobedience to a statutory duty."
However, Osondu through his lawyer had written to President Muhammadu Buhari to direct the Inspector-General of Police to comply with the judgment as ordered by the court.
The letter to the president with Ref. No. OC/VOL/300/2022, dated November 10, 2022 is titled: "RE: The Implementation Of The Re-instatement Of Dsp Osunde Christian, AP/NO.86053 To The Nigeria Police Force".
The letter reads: "We continue to represent Osondu Christian (hereinafter "our client" or "the Judgment Creditor") and we have his instructions to write you in the terms set hereunder.
"Your Excellency is invited to recall our letter dated 25/03/2022 with Ref. No. OC/VOL/090/2022 (enclosed), wherein we communicated the refusal of the Inspector General of Police to comply with a decision of the Police Service Commission (PSC) as contained in a letter dated 22/07/2020 with Ref No. PSC/1524/IV/5 reinstating our client to his rightful rank and entitlements within the Nigeria Police Force.
"In the said correspondence, we prayed Your Excellency to direct the Inspector General of Police to implement the decision of the PSC forthwith.
“As a result of the refusal of the Inspector General of Police to comply with the aforesaid decision of the PSC, despite various appeals, we subsequently commenced an action at the National Industrial Court in Suit No: FHC/NICN/ABJ/153/2022; Osondu Christian Vs The Inspector General Of Police & 2 Ors and on 24/10/2022 the Court sitting in the Abuja Judicial Division delivered its judgment and upheld the decisions of the PSC.
"In the light of all the above, Your Excellency is respectfully requested to direct the Inspector General of Police to immediately obey the judgment of the Court by reinstating our client to his rightful rank and entitlements in the Nigerian Police.
"This request is in keeping with Your Excellency's well-known adherence to the rule of law and respect for the judiciary."
The letter was copied to Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).